Two Hour Botched Execution in Arizona:

Arizona had never tried the two-drug cocktail of midazolam and hydromorphone before it injected an unknown dose into Joseph Wood’s veins Wednesday afternoon. Most executions by lethal injection take between 10 and 20 minutes once the drugs are injected, if performed properly. This experimental cocktail took almost two hours to end Wood’s life, so long that his lawyer had time to file an emergency stay of execution in federal court, claiming that Wood had been “coughing and snorting for over an hour” by then. “I counted about 660 times he gasped,” reported an Arizona Republic reporter who witnessed the execution. Arizona Governor Jan Brewer said in a statement that Wood “died in a lawful manner and by eyewitness and medical accounts he did not suffer.”

And of course, Jan Brewer is perfectly qualified to make that judgment given A. she wasn’t there and B. her advanced medical training and background.

Defense attorneys have repeatedly begged the courts to compel corrections officials to at least reveal the source of the drugs that would end their clients’ lives. They have repeatedly been refused. This time, Wood and his lawyers tried a First Amendment challenge to execution-secrecy laws, arguing that the public has a right to know how their government puts their fellow citizens to death. This would also give the inmates the facts needed to pursue Eighth Amendment challenges.

But so far, lower courts have deferred to the states’ claimed need for secrecy. “The information already released by the state enables informed debate about the lawfulness and propriety of Arizona’s two-drug cocktail,” replied federal Judge Jay Bybee of the Ninth Circuit. Wood appealed that decision to the Supreme Court; last night, the justices denied his petition without further comment or dissent. Less than 24 hours later, Wood died choking.

And I noted the irony of “Judge” Bybee being part of the decision two days ago in my post. If anyone should know anything about torture, it’s the author of the “Torture Memos” I suppose.

Predictably, the git tuff types are howling back with false equivalents and other straw men regarding what Wood did to end up there (as if we should be using a murderer’s actions as our baseline for determining morality and legal punishments), and insisting that the witnesses themselves were wrong (even if they weren’t there).

When states were able to use the single-drug protocol with pentobarbital, the executions went smoothly.  The problem here has been caused by those who pressured the suppliers to stop supplying pentobarbital, and any response should be directed at reopening that supply line.

The anti-death-penalty crowd is already throwing around their favorite word, “botched.”  Wrong.  Joseph Wood died, as he should have, and he was sedated, not suffering extreme pain or, for that matter, any pain.  That is not “botched.”

Again, a pro-death penalty blogger (who wasn’t there and has no medical background or training) isn’t qualified to make that statement. Although I do like the way he assertively identifies the killer “Joseph Wood” by name…ironically, the Arizona Department of Corrections didn’t even know his name when they killed him initially, referring to him as “Robert G. Jones” in a press release. Jones, Wood, Smith, whoever.

More fascinating is that it took so long to be carried out, Wood’s lawyers had time to make an appeal in the courts to stop it, even getting Justice Anthony Kennedy on the phone from the Supreme Court.

In a bizarre twist, Mr. Wood’s lawyers filed an emergency appeal to a Federal District Court to halt the procedure as Mr. Wood lay on the gurney, and they even called Justice Anthony M. Kennedy of the United States Supreme Court.

“He is still alive,” the lawyers said in the district court appeal, filed just after 3 p.m. “This execution has violated Mr. Wood’s Eighth Amendment right to be executed in the absence of cruel and unusual punishment. We respectfully request that this court stop the execution and require that the Department of Corrections use the lifesaving provisions required in its protocol.”

Mr. Wood died before the district court responded, while Justice Kennedy turned down the request to halt the procedure by telephone while Mr. Wood was still alive, said Robin Konrad, a lawyer for Mr. Wood.

Which makes no sense. What, “let’s see if he dies first and then make the call to stop it?” I have a hard time believing one of our supreme court justices could be that dense.

Regardless, as I wrote the other day, the death penalty itself is circling the drain and will eventually be relegated to the ash heap of history where it resides in most other civilized worlds. But it won’t be before the junkies (er pro-death penalty states experimenting with illicit drugs) and their supporters torture to death scores more in the process.

Cross posted from: The Power Elite

Two big stories in the past week regarding the DP:

Court Delays Execution over Secrecy With Drugs:

A federal appeals court has delayed the imminent execution of an Arizona man, saying he has a legal right to details about the lethal injection drugs to be used and about the qualifications of the execution team.

The ruling on Saturday, by a divided three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, contrasted sharply with recent decisions by other state and federal courts defending states’ rights to keep information about drug sources secret.

“This is the first time a circuit court has ruled that the plaintiff has a right to know the source of execution drugs,” said Jennifer Moreno, an expert on lethal injection law at the Death Penalty Clinic of the University of California, Berkeley, School of Law.

The notion that where the junkies (er, states) are obtaining their drugs from are “state secrets” in need of protection from the public is ludicrous, as I’ve written for several years now. But it is interesting that this is the first appellate-level decision to recognize the insanity behind so-called secrecy laws.

On Saturday, the appeals panel ruled that Mr. Wood “has presented serious questions going to the merits of his claim,” according to the majority opinion, written by Judge Sidney R. Thomas.

Arizona’s secrecy, he wrote, “ignores the ongoing and intensifying debate over lethal injection in this country, and the importance of providing specific and detailed information about how safely and reliably the death penalty is administered.”

In a dissent, Judge Jay S. Bybee said the court had drastically expanded the “right of access” and had misused the First Amendment “as the latest tool in this court’s ongoing effort to bar the state from lawfully imposing the death penalty.”

For those of you with short memories, Judge Bybee is the same guy who advocated for torture in the infamous “Bybee Memos” (sometimes called “The Torture Memos”) during the Bush years. He has also been the subject of discussion regarding his impeachment and removal from the bench over the years.

Regardless, Judge Thomas’s opinion recognizes the ongoing debate over the efficacy of the death penalty in the 21st century, including the recent take down by a federal judge of California’s death penalty system.

“How has it gone on this long?” Justice Antonin Scalia asked a lawyer for the State of Florida during oral arguments in March on a condemned inmate’s appeal. The legal issue in that case had to do with how states define intellectual disability, but Justice Scalia was troubled that Freddie Lee Hall had been on Florida’s death row for more than three decades.

In that same session, Justice Anthony Kennedy noted that the last 10 people executed by the state had spent an average of 24.9 years on death row.

“Do you think that that is consistent with the purposes of the death penalty,” Justice Kennedy asked the state’s lawyer, “and is it consistent with sound administration of the justice system?”

Last Wednesday, in an unrelated case, a federal judge in California answered that question with a resounding no. The state’s death-penalty system is “so plagued by inordinate and unpredictable delay,” wrote United States District Judge Cormac Carney, that it violates the Eighth Amendment’s ban on cruel and unusual punishment.

In a remarkable ruling overturning the death sentence of Ernest Dewayne Jones, who was sentenced in 1995 for the murder of his girlfriend’s mother, Judge Carney, an appointee of President George W. Bush, pointed out that of the more than 900 people California has sentenced to death since 1978, 13 have been executed. More than 40 percent of the rest have been on death row for at least 19 years, and the backlog is growing.

Carney’s opinion is, of course, just one district judge’s opinion. It could easily be overturned at the appellate level or even by the Supreme Court, which itself has said that 20 years or more on death row does not constitute cruel and unusual punishment (Knight v. Florida, 1999).

And the get tough types are immediately pushing back against both decisions. Arizona’s response, for example, to the secrecy injunction:

But Arizona officials were not backing down. On Sunday, the state appealed to the Ninth Circuit for reconsideration by a wider panel of judges and it appeared possible that the state would appeal all the way to the United States Supreme Court if necessary.

And over at my favorite pro-death penalty blogger’s site:

The California Legislature has been derelict in its duty to pass the needed reforms, killing them in committee time after time.  The Department of Corrections and Rehabilitation, and ultimately the Governor, have been derelict in their duty to carry out their responsibilities to execute judgments and implement a protocol that will allow them to do so.  The California Supreme Court has been derelict in its duty to resolve state habeas petitions in a reasonable time by referring them to the superior court where they belong.  The federal courts have been derelict in their duty to fully implement the Antiterrorism and Effective Death Penalty Act of 1996, evading it at every turn despite numerous reversals by the Supreme Court.

In other words, blame everyone else for the failings of a system you advocate for but yourself and your ilk. Even funnier is their proposed “Miranda-like” solution to speeding up the appellate process and gettin’ folks dead (all the while, decrying Miranda as “lawless”). The, uh, “logic” of the pro-dp side never fails to amaze.

At the end of the day, neither of these decisions portends the end of the death penalty as we know it in the United States. But if California were to take the extraordinary step of getting rid of its apparatus of death, the trend towards abolition would undoubtedly accelerate. And under Trop, the death penalty may indeed fall at the SCOTUS level, even given the current makeup of the court.

Cross Posted from: The Power Elite

Snowpiercer

The revolution won’t happen because the revolutionary leader does not appreciate being tricked into becoming a revolutionary leader. So, once he has the choice between taking control of the system (the engine), rather than reorganize the whole social structure (the train) in a more fair manner, or blowing up the whole train, kill a big chunk of humanity’s last survivors, and maybe doom the rest to freeze to death, he picks the latter, of course.

The premise of the movies is not all that different from other dystopian, post-apocalyptic films: ecological disaster (here, global warming and a cure for it that turns out to be just as bad as it), mass death humanity. The few survivors live on a train whose engine technology allows it to run forever on a worldwide track (one circuit = one year). The train is highly stratified and functional: each car corresponds to one layer of stratification or one specific function, with the tail being the “urban”, overcrowded ghetto and the front of the train the luxury areas, with the engine at the very head.

The social structure very much resembles the setting of In Time or Panem, with the more peripheral areas being the poorest of having the least prestigious functions (making the protein blocks that feel the tail cars — if you thought Soylent Green was bad… —  where cannibalism was practiced before), prison, military (with enforcement of the segregation system). The semi-peripheral areas are higher in prestige and living conditions (hydroponics, schools, meat lockers, aquarium), inhabited by what looks like the middle class. And the core area get the luxury accommodations where the wealthiest denizens live in leisure and indolence, and depravity.

The engine is populated by one person, Wilford, the corporate leader who built the train and its track system, who lives alone and whose job it is to keep the entire system working in a sustainable fashion, which includes manufacturing rebellions from the tail that will allow for some culling of the population, and keep the tail in line with the right balance of fear. It’s like the old AGIL system in action.

This is also an totalitarian system marked by repression and deprivation (even though it’s not clear what the tail people contribute to the entire system, except for children, which they have in large numbers). The inequalities are extreme and the tension is always high in the tail.

The premise and the context are actually interesting (if not entirely original) but the main characters are so completely absurd that they ruined the movie, in my not-so-humble opinion, especially Curtis Everett, the rebellion leader played by Chris Evans. As I noted above, what drives his ultimate decision is not the improvement of the well-being of the tail people or more drastic changes in the system, but rather his ego. He is ticked off at the realization that he was manipulated from the get-go into getting the latest rebellion started. Moreover, Curtis is supposed to be a reluctant leader, rejecting the label over and over, even though he gives the orders and decides on everything the rebels do.

So, when offered the opportunity to control the engine, he prefers to blow up the entire train, based on the shaky view of an imprisoned security specialist who thinks the temperatures are rising (even though a punishment for the criminal elements in the tail cars is to have a limb exposed to the cold for a few minutes, and then amputate the frozen limb). Even if that were true, a warming would probably take decade, most of the earth’s population is dead, no infrastructure works anymore, and no one has grown food is 18 years, so the whole “let’s leave the train and go live outside” makes no sense whatsoever.

So, again, I liked the premise, but the plot, oy.

By now, most of us have heard of the Australian woman’s racist rant on a commuter train. If you haven’t, here it is, in all its glory (warning: racist profanity):

This is reminiscent of another commuter train rant, in the UK, a few years ago:

Both cases seem a good illustration of the frustration-aggression hypothesis of members of the dominant group who think they are not receiving the privilege and deference that they think they deserve and associate that with the macro “decline” of their country. For them, what micro-offence they have just received (such as kids refusing to give up their seats or being pushed a bit… a common occurrence on a crowded commuter train) is reinterpreted as a macro-offence against the country.

In the British video, mostly, we see women arguing. On the other hand, the man filming the ranting woman is apparently accompanied by a non-white girlfriend, which also triggers a sexist rant: only emasculated white men would get g—s as girlfriends. The underlying assumption being that “real” white men would get white girlfriends, hence establishing a sex/race hierarchy where the presence of the non-white girlfriend reveals the lower status of the man.

The different aspect to this is that now, the filming of these kinds of rants works as a shaming device that not only might bring the ranters legal troubles, but at the very least, they get vilified and stigmatized all over the Internet. So, as much as the ranters might want to use their rant as an assertion of privilege and power that they might expect to silence minorities, get some support from the white crowd, and generally reassert their status in the interaction, they actually get the opposite. The filming involves stigmatization, and an element of degradation ceremony.

I am currently (re)writing our online course on marriage and family (a topic I generally stay away from but them’s the breaks). However, as usual, I decided to integrate a module on data exploration. I stumbled upon this Pew research report on global aging that contained a lot of information and data, so I thought I’d just share some of what I found interesting.

First of all, I find this interactive visual very useful as an introduction the state of the world population by age groups, from 1950 to 2050:

You can either examine data for the US (numbers and percentages) or the world. Focusing on percentages, for the global population, you can clearly see which age group is projected to grow or shrink. So, for instance, the 15 to 64 population is stays pretty much stable from 1950 to 2050 (from roughly 61 to 63%). The under 15 category peaks in 1965 (with 38%, the end of the baby boom) but projected at just over 21% by 2050. However, for the 65 and older age group, the shift is from about 5% in 1950, to 15% projected for 2050. These increases and decreases are clearly visible just by eye-balling the graphic. Switching to the Us, that shift to a “geezerification” of the population is even clearer. as it is for most wealthy countries.

The global overview is nice but only as a starting point. There is some need for some fine-tuning by country and since my main topic here is aging, let’s look at that, for selected countries

Let’s do that below the fold:

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